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UNITED STATES
DEPARTMENT OF LABOR

Implementing applicable OSHA standards and required protections in the workplace

Implementing applicable OSHA standards and required protections in the workplace

Employers must evaluate hazards in their workplaces and may need to comply with applicable OSHA standards for hazards identified (e.g., exposure to Ebola virus).

Hazard and Exposure Assessment

• Conduct a hazard assessment that considers potential sources of occupational exposure to Ebola virus and related hazards, jobs and job tasks which may result in worker exposure, and the risks and routes of exposure associated with those jobs or job tasks. Hazard and/or exposure assessments are required whenever the BBP, PPE, and Respiratory Protection standards apply. The Hazard Recognition page provides more information about hazard and exposure assessment.

Written Plans and Programs

• Under the BBP, Respiratory Protection, and Hazard Communication (HazCom) standards, employers must have implementation plans or programs, including the written elements required in each of those standards. The HazCom standard does not apply to biological hazards such as Ebola virus but may apply to the chemicals used for cleaning and disinfecting surfaces contaminated with Ebola virus.
• The BBP standard requires a written exposure control plan (ECP) that includes exposure determinations (described in more detail on the Hazard Recognition page), methods of compliance, medical evaluation and post-exposure procedures, procedures for communicating hazards to workers, and protocols for recordkeeping.
• The BBP standard also requires employers to update existing ECPs annually and as necessary to address new or modified jobs and job tasks or procedures that affect occupational exposure.
• Employers must solicit input from workers in reviewing and updating the ECP.
• The ECP must be available to workers for review.
• Whenever respirators are necessary to protect the health of workers, the Respiratory Protection standard requires employers to develop and implement a written respiratory protection program (RPP) with worksite-specific procedures. A comprehensive RPP includes training, fit testing, medical exams, and use of NIOSH-certified respirators appropriate for controlling particulates (including viral particles), chemical vapors, and other air contaminants as needed.

Selection and Use of PPE

• The general requirements of the PPE standard (29 CFR 1910.132) describe the basis for effective selection and use of adequate PPE including protective garments.
• Select PPE for use based on the hazards identified during hazard assessments and worker exposure determinations. Consider the work tasks being performed and, for healthcare workers, the patient's clinical status if providing direct patient care. The Control and Prevention page and OSHA's PPE Selection Matrix provide additional information about the types of PPE employers may need to provide under OSHA standards and in order for workers to perform their jobs safely.
• All employer-selected PPE for the eyes, face, hands, and body selected to be worn by workers with occupational exposure to Ebola virus must comply with the OSHA PPE standards at 29 CFR 1910 Subpart I (including 29 CFR 1910.132, .133, .134, and .138) and, in construction, 29 CFR 1926 Subpart E (including 29 CFR 1926.95, .102, and .103). and the BBP standard 29 CFR 1910.1030.
• The Respiratory Protection standards (29 CFR 1910.134 and, in construction, 29 CFR 1926.103), require employers to identify and evaluate respiratory hazards in the workplace. If respiratory hazards exist, employers must implement a comprehensive, written RPP that includes training, fit testing, medical exams, and use of NIOSH-certified respirators. The Hazard Recognition page describes hazard assessment and the Control and Prevention page discusses the types of respirators employers may need to provide workers under the Respiratory Protection standard.
• Employers must train workers on the limitations and capabilities of their respirators. See 29 CFR 1910.134(k).
• Employers must ensure PPE is cleaned, repaired, and replaced, as needed. Provision, maintenance, repair, and replacement must be provided at no cost to the worker. See 29 CFR 1910.132(h) and .1030(d)(3).

Post-exposure evaluation and follow-up

• In the case of an unprotected exposure to blood, body fluids or other potentially infectious materials suspected or known to have Ebola virus contamination, employers must assure that workers receive prompt and appropriate medical evaluation and follow-up. See 29 CFR 1910.1030(f)(3).
• The CDC provides recommendations for post-exposure actions.
• Most, if not all, states require procedures to be in place for reporting any Ebola-related exposure incident to local and state health departments.

Worker training

• The BBP, PPE, Respiratory Protection, and HazCom standards each require worker training when the standard applies. Provide information and training to all workers who may be exposed to Ebola virus and related hazards on the job.
• Under the BBP standard, training must include an explanation of the employer's ECP. See 29 CFR 1910.1030(g)(2).
• Training must cover how Ebola is transmitted, the signs, symptoms, clinical evaluation/treatment of Ebola; proper hand hygiene practices; and other elements of a comprehensive infection control program.
• Train workers on proper procedures to appropriately contain, clean, and decontaminate materials and surfaces with Ebola virus contamination.
• Train workers on what PPE they must use to protect themselves from Ebola virus exposure, and explain why specific PPE was chosen.
• Training also must include hands-on practice with PPE so workers are able to demonstrate competency in correct donning (putting-on), use, and doffing (taking-off) of PPE to minimize the risk of skin and mucous membrane contact, preventing self-contamination. See 29 CFR 1910.1030(g)(2).
• The BBP standard requires training to be interactive: workers must be able to ask questions of a trainer knowledgeable in the subject matter covered by the elements contained in the training program as it relates to the workplace that the training will address.

Injury and Illness Recordkeeping and Reporting Requirements and Access to Employee Medical Records

• Employers are responsible for preparing and maintaining records of occupational injuries and illnesses. See 29 CFR Part 1904.
• All workplace-acquired Ebola infection(s) must be recorded on the employer's OSHA 300 log. Under OSHA's updated recordkeeping and reporting requirements, employers must also report to OSHA all work-related hospitalizations within 24 hours and fatalities within eight hours.
• Employers must provide access to all employer-maintained exposure and medical records to the worker, workers' designated representative(s) (e.g., labor union), and OSHA. See 29 CFR 1910.1020.

Additional information about specific OSHA requirements

The table below explains where in OSHA’s general industry standards and recordkeeping regulations workers and employers can find requirements for hazard and exposure assessment, implementation programs, workplace controls, training, and recordkeeping, as well as prohibitions for retaliation, as they relate to protecting workers from occupational exposure to Ebola virus.

Note: This does not cover standards for other industries over which OSHA maintains authority for workplace safety and health, including construction and maritime, and in which workers may also have occupational exposure to Ebola virus. Employers in those industries should consult the Overview of Applicable OSHA Standards section for more information on which standards may apply to their workplaces.

*The Bloodborne Pathogens standard (29 CFR 1910.1030) provides a better framework for selection and use of this type of PPE for Ebola virus, but other OSHA PPE standards in 29 CFR 1910 Subpart I (and, in construction, 29 CFR 1926 Subpart E) may still apply.

Workers’ Rights and Employers’ Responsibilities

Workers’ Rights and Employers’ Responsibilities

Section 11(c) of the OSH Act prohibits employers from retaliating against workers for raising concerns about safety and health conditions. Additionally, OSHA's Whistleblower Protection Program enforces the provisions of more than 20 industry specific federal laws protecting employees from retaliation for raising or reporting concerns about hazards or violations of various airline, commercial motor carrier, consumer product, environmental, financial reform, food safety, health insurance reform, motor vehicle safety, nuclear, pipeline, public transportation agency, railroad, maritime, and securities laws. OSHA encourages workers who suffer such retaliation to submit a complaint to OSHA and should contact OSHA as soon as possible in order to file their complaint within the legal time limits, some of which may be as short as 30 days from the date they learned of or experienced retaliation. An employee can file a complaint with OSHA by visiting or calling his or her local OSHA office; sending a written complaint via fax, mail, or email to the closest OSHA office; or filing a complaint online. No particular form is required and complaints may be submitted in any language.

OSHA has developed a set of recommendations intended to assist employers in creating workplaces that are free of retaliation and provide guidance to employers on how to properly respond to workers who may complain about workplace hazards or potential violations of federal laws. OSHA urges employers to review its publication: Recommended Practices for Anti-Retaliation Programs (OSHA 3905 - 2017).

Preambles to Final Rules

• Bloodborne Pathogens (29 CFR 1910.1030)

Memoranda of Understanding

Memoranda of Understanding

While the safety and health of aircraft flight deck crew and aircraft cabin crewmembers is typically under the Federal Aviation Administration (FAA)’s authority, a 2013 FAA Policy Statement and a 2014 FAA-OSHA Memorandum of Understanding (MOU) extend some OSHA protections to and authority over cabin crewmembers. See Information on Memorandum of Understanding between OSHA and the U.S. Department of Transportation, Federal Aviation Administration (FAA) on Flight Attendant/Cabin Crew Health and Safety. Under the MOU, cabin crewmembers aboard aircraft in operation are subject to protections under the Bloodborne Pathogens (29 CFR 1910.1030) and Hazard Communication (29 CFR 1910.1200) standards.

Additional guidance is available on the Control and Prevention and Additional Information tabs.

Assistance for Employers

Assistance for Employers

OSHA’s On-site Consultation Program offers free and confidential advice to small and medium-sized businesses in all states across the country, with priority given to high-hazard worksites. On-site Consultation services are separate from enforcement and do not result in penalties or citations. Consultants from state agencies or universities work with employers to identify workplace hazards, provide advice on compliance with OSHA standards, and assist in establishing safety and health management systems. To locate the OSHA On-site Consultation Program nearest you, call 1-800-321-6742 (OSHA) or visit www.osha.gov/consultation.